Gary Dupuis bought a home at The Cove at West Port in Port Charlotte with one thing in mind: access to the pool. The Air Force veteran uses a wheelchair after being shot in the back, and he says a salesperson promised a pool lift would be installed. After he and his wife Becky moved in, they say the HOA told them the lift wasn’t in the budget and the community wasn’t required to provide one. The HOA did not respond to WINK News requests for comment.
The legal picture is complicated. The Justice Department says private residential community pools limited to residents and guests are not covered by ADA accessibility rules. That means a promise made during a sales conversation may not translate into an obligation after closing. Gary says he couldn’t get in the pool when his grandkids visited, and calls it hurtful.
Access doesn’t stop at the pool. Gary says he can’t get his wheelchair onto the sand at Englewood Beach, though Charlotte County provides free beach wheelchairs and is rebuilding the boardwalk to be ADA accessible. A beach mobility mat would cost the county an estimated $525,000 with permitting, sea turtle nesting rules, maintenance and staffing factored in. There is one bright spot: a licensed pool contractor who saw a story promo offered to work with the couple and the HOA on a solution and help with the cost. Have you ever been promised something before buying a home that never materialized? Share your story with us.
